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Shashi Sharma v. M.D./Member Secretary U.P. Coop. Union Lucknow & Others - WRIT - A No. 14380 of 2001 [2005] RD-AH 5239 (7 November 2005)


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Court No. 27

Writ Petition No.  14380 of 2001

Shashi Sharma                                     Petitioner


The Managing Director/Member

Secretary U.P. Co-operative

Union, Lucknow & others.                    Respondents


Hon. Vikram Nath,

The husband of the petitioner was an employee of the U.P. Cooperative Society Agra he died on 18.10.1984 while still in service. The petitioner thereafter, claimed appointment on compassionate basis. She was given appointment vide letter dated 17.08.1987 for a period of 3 months. The said appointment letter has been filed as Annexure 3 to the writ petition. From a perusal  the appointment letter it is clear that it was purely temporary and could be terminated at any time without prior notice. Thereafter, the petitioner was again given 3 months appointment vide letter dated 30.11.1987. After the second term of appointment petitioner was not given employment for long period. However, after 6-7 years again on 29.10.1994 the Managing Director/ Member Secretary of U.P. Cooperative Union, Lucknow issued an appointment letter to the petitioner which was valid for the period of 89 days. Later on vide order dated 28.11.1995 she was again given appointment of 89 days. Subsequently, after obtaining approval from the State level Administrative Committee the services of the petitioner were regularized w.e.f. 16.02.1996. The petitioner is therefore continuously working and getting her salary.

The present petition has been filed by the petitioner claiming regularization of her service from the initial date of appointment i.e. 17.08.1987 with all consequential benefits.

I have heard Sri R.C. Maurya, learned counsel for the petitioner and Sri K.N. Mishra,learned counsel for the respondent.

Learned counsel for the respondent has submitted that the petitioner was given initial appointment in the year 1987 and  at that time there were no rules framed for providing compassionate appointment and secondly, the said appointment was given by the Deputy Registrar of the Cooperative Societies who was also the President of the Local Committee of the Agra Division. It is further submitted that after 87 petitioner was not given any appointment for 6-7 years till 1994 and therefore the claim for regularization cannot be entertained.  Perusal of the writ petition also indicates that after 87 petitioner has not worked and was only given appointment on 29.10.1994 when she again started working. Petitioner has not been in continuous service from 1987 and as such claim for regularization cannot be entertained. Her appointment during the period 1987 was time bound and was not extended. Even in 1994 her appointment was time bound, for which she has been paid salary. Thus her claim for regularisation and consequential benefits is without any basis.

The petition being lacks merit and is, accordingly dismissed.

Dt. 07.11.2005

v.k.updh. (140)


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